Stein v. Lopez

• Decision Date: 06 June 1994
• Citation: 205 A.D.2d 524,614 N.Y.S.2d 273
• Parties: Dianne STEIN, Respondent, v. Evelyn LOPEZ, et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 273

614 N.Y.S.2d 273

205 A.D.2d 524

Dianne STEIN, Respondent, v. Evelyn LOPEZ, et al., Appellants.

Supreme Court of New York, Appellate Division, Second Department.

June 6, 1994.

Debra A. DiCicco, Brooklyn (Deborah F. Peters, of counsel), for appellants.

Bruce G. Clark, New York City (James S. McCarthy, of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated September 17, 1992, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to sustain a serious injury.

ORDERED that the order is affirmed, with costs.

The medical reports which the defendants submitted in support of their motion failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see, Pagano v. Kingsbury, 182 A.D.2d 268, 587 N.Y.S.2d 692).

MANGANO, P.J., and BALLETTA, O'BRIEN, HART and FLORIO, JJ., concur.